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(영문) 인천지방법원부천지원 2016.03.15 2015가단22559
건물명도등
Text

1. The defendant shall be the plaintiff.

A. Of the one-story 558.68 square meters of real estate listed in the attached Table list, indication 1, 2, 3, 4, 1 of the attached Form.

Reasons

1. Basic facts

A. The Plaintiff is a person who owns 4/5 of the real estate listed in the separate sheet.

B. On October 6, 2009, the Plaintiff stated that “80 square meters (264 square meters) of the area of the instant real estate leased to the Defendant in the initial complaint was “80 square meters (264 square meters)” among the 1st floor of the instant real estate 558.68 square meters, and that the actual area was “279.34 square meters (8 square meters)” (a half of the portion of the instant real estate) and the area of the instant real estate at issue in the instant case is specified as above.

Furthermore, the attached drawings of this judgment will be replaced by Gap evidence No. 8, which is close to the actual world rather than the drawings attached to the original complaint.

(B) The term "real estate of this case" is defined and leased as KRW 10,000,000 for lease deposit and KRW 2,200,000 for rent and KRW 2,200 for rent and KRW 2,00 for lease, and hereinafter referred to as "the lease contract of this case".

c) The Plaintiff and the Defendant raised 10% of the tea around January 2013 to KRW 2,420,000 per month (excluding value-added tax).

On July 5, 2014, the Plaintiff sent to the Defendant a written notification stating that the Plaintiff will commence the legal procedure without payment by July 31, 2014, on the ground that the Plaintiff’s total amount of 18,634,000 of the rent for seven months was overdue.

E. On August 17, 2015, the Plaintiff received KRW 2,000,000, out of the overdue rent from the Defendant, but did not receive it in full thereafter, on this ground, the Plaintiff filed the instant lawsuit with the Defendant on September 21, 2015, stating that the instant lease contract was terminated, and sought unjust enrichment equivalent to the delivery of the instant real estate, overdue rent, and rent. The duplicate of the complaint was served on the Defendant on October 1, 2015.

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